SDCL § 36-21A-107: Burden of proof as to fraud or conversion--Presumption when original action was contested by debtor.
Where this section sits in the code
- TITLE 36. PROFESSIONS AND OCCUPATIONS
- CHAPTER 36-21A. REAL ESTATE LICENSING
If an applicant's judgment is by default, stipulation or consent, or if the action against the licensee was defended by a trustee in bankruptcy, the applicant has the burden of proving his cause of action for fraudulent, deceptive or dishonest practices or conversion of trust funds. Otherwise, the judgment creates a rebuttable presumption of the alleged fraudulent, deceptive or dishonest practices or alleged conversion of trust funds.
Collected 2026-09-03T15:18:57Z. Source file · JSON